C.R.S. § 16-8.5-117: Initiation of civil proceeding - appointment of bridges court liaison or guardian - extension - dismissal.

(1) If the court determines there is a substantial probability that the defendant will be found unrestorable pursuant to section 16-8.5-113, the defendant will reach the maximum time permitted to restore the defendant pursuant to section 16-8.5-116, or the court will order the initiation of a civil proceeding pursuant to this section, the court shall, unless the court finds there is an acceptable care coordination alternative already in place, appoint a bridges court liaison to provide services authorized in article 95 of title 13, which may include:

(a) Assisting with case planning and coordinating services for the defendant, including coordinating with governmental entities or community-based organizations that are capable of providing resources to the defendant;

(b) If the defendant does not object, facilitating psychological assessments of the defendant to help determine appropriate levels of care;

(c) Identifying and informing the court and parties of appropriate long-term level of care recommendations and placement availability;

(d) Providing the court with an individualized release plan developed in conjunction with any necessary community providers and assisting with the reintegration of the defendant into the community with appropriate services; and

(e) Coordinating, as needed, with the office of public guardianship, an appointed emergency guardian, CDHS, HCPF, or the BHA for the purpose of providing long-term continuum of care for the defendant.

(2) (a) Except when the city and county of Denver has exclusive original jurisdiction over the appointment of a guardian pursuant to section 9 (3) of article VI of the state constitution, any interested person, including the defendant's attorney, may petition the criminal court for the appointment of an emergency guardian pursuant to section 15-14-312 by filing a petition into the criminal case that satisfies the requirements of section 15-14-312.

(b) If the city and county of Denver does not have exclusive original jurisdiction over the appointment of a guardian pursuant to section 9 (3) of article VI of the state constitution, the court shall have jurisdiction over the petition and shall appoint an emergency guardian to the defendant upon satisfaction of the requirements of section 15-14-312 and this subsection (2).

(c) At the next scheduled hearing in the presence of the defendant following the filing of a petition pursuant to section 15-14-312, the court shall notify the defendant that a petition for emergency guardianship has been filed into the case pursuant to section 15-14-312 and advise the defendant of the following:

(I) The authority that would be granted to the emergency guardian if the petition is granted;

(II) The defendant's right to contest the appointment of an emergency guardian at a hearing; and

(III) The defendant's right to a free attorney if the defendant chooses to contest the appointment of an emergency guardian.

(d) Notwithstanding section 15-14-312, the court:

(I) Shall not appoint an attorney to represent the defendant for the purpose of contesting the appointment of an emergency guardian unless the defendant wishes to contest the appointment and has not retained an attorney for that purpose; and

(II) Is not required to provide the defendant further notice of the petition beyond what is required in this subsection (2).

(e) The court shall not appoint the office of state public defender or the office of alternate defense counsel to represent a criminal defendant related to the appointment of an emergency guardian or a matter related to guardianship.

(3) The court may enter lawful orders requested by the defendant, the appointed bridges court liaison, or the appointed emergency guardian to assist or facilitate the work of the bridges court liaison or the appointed emergency guardian.

(4) (a) If the court has made a final determination that the defendant is incompetent to proceed, the court may order the county attorney to initiate a civil proceeding against the defendant while the criminal proceedings against the defendant are ongoing if:

(I) A competency evaluator or a professional person, as defined in section 27-65-102, or an intervening professional, as defined in section 27-65-102, who is acting within the scope of their authority and who has an established treatment relationship with the defendant, opines that the defendant meets the criteria for certification for short-term treatment or long-term care and treatment pursuant to section 27-65-108.3, for protective placement pursuant to section 25.5-10-502, or for imposition of a legal disability or removal of a legal right pursuant to section 25.5-10-216; and

(II) One of the following individuals requests the court to order the initiation of a civil proceeding:

(A) The district attorney;

(B) The county attorney;

(C) A guardian, if one is appointed;

(D) The professional person or intervening professional who opined the defendant meets the criteria for a civil proceeding if the professional person's or intervening professional's opinion is not the result of work performed as part of employment or a contract with the BHA or with CDHS; or

(E) A representative designated by the BHA or with CDHS to make a request.

(b) Notwithstanding subsection (4)(a)(II) of this section, if any of the defendant's charges include a felony, the court may order the county attorney to initiate a civil proceeding only if the district attorney consents to the initiation of a civil proceeding.

(5) (a) (I) During the pendency of the criminal case, the defendant, the defendant's attorney in the criminal case, and the prosecuting attorney in the criminal case may access the following information and records that relate to a civil proceeding initiated against the defendant:

(A) Whether a civil proceeding is pending against the defendant and, if so, the date and time of the civil proceeding and the final disposition of the civil proceeding, regardless of whether the civil proceeding is confidential or closed to the prosecuting attorney or the defendant's attorney in the criminal case; and

(B) Whether the court previously ordered certification for short-term treatment pursuant to section 27-65-108.5, 27-65-109, or 27-65-109.5, certification for long-term care and treatment pursuant to section 27-65-110, protective placement pursuant to section 25.5-10-502, or imposition of a legal disability or removal of a legal right pursuant to section 25.5-10-216.

(II) Any information accessed pursuant to subsection (5)(a)(I) of this section is confidential unless the disclosure is otherwise authorized by law.

(b) If a petition for a civil proceeding is filed against the defendant as a result of the court's order pursuant to subsection (4)(a) of this section, the petitioner shall file a notice in the defendant's criminal case.

(6) The court shall order the county attorney to initiate a civil proceeding against the defendant and stay the order dismissing the defendant's criminal case for thirty-five days if:

(a) The court orders dismissal of the case pursuant to section 16-8.5-109 (4), 16-8.5-113 (4)(b), or 16-8.5-116, or, if the defendant is incompetent, the district attorney voluntarily moves to dismiss the case and requests the county attorney or the appointed emergency guardian to initiate a civil proceeding;

(b) A competency evaluator or a professional person, as defined in section 27-65-102, or an intervening professional, as defined in section 27-65-102, who is acting within the scope of their authority and who has an established treatment relationship with the defendant opines that the defendant meets the criteria for certification for short-term treatment or long-term care and treatment pursuant to section 27-65-108.3, for protective placement pursuant to section 25.5-10-502, or imposition of a legal disability or removal of a legal right pursuant to section 25.5-10-216; and

(c) One of the following individuals requests the court to order the initiation of a civil proceeding:

(I) The district attorney;

(II) The county attorney;

(III) The appointed emergency guardian;

(IV) The professional person or intervening professional who opined pursuant to subsection (4)(a)(I) of this section that the defendant meets the criteria for a civil proceeding if the professional person's or intervening professional's opinion is not the result of work performed as part of employment or a contract with the BHA or with CDHS; or

(V) A representative designated by the BHA or with CDHS to make a request.

(7) Notwithstanding subsections (4) and (6) of this section, if an appointed emergency guardian believes in their professional judgment that a civil proceeding should be initiated, the court shall allow the emergency guardian to initiate the civil proceeding in lieu of ordering the county attorney to initiate the civil proceeding.

(8) (a) The court shall grant an unlimited number of thirty-five-day extensions to stay the order dismissing the defendant's case if the defendant consents to the extension.

(b) If the defendant does not consent to an extension to stay the order, the court shall grant no more than four additional extensions, so long as the total extensions do not exceed one hundred seventy-five days, if:

(I) The prosecuting attorney requests an extension, regardless of whether the defendant consents to the extension;

(II) The court finds good cause; and

(III) The defendant is charged with an act that constitutes homicide pursuant to part 1 of article 3 of title 18; a crime of violence, as defined in section 18-1.3-406 (2); or a felony that constitutes unlawful sexual behavior, as defined in section 16-22-102.

(c) If the defendant does not consent to an extension to stay the order, the court shall grant no more than one additional extension, so long as the extension does not exceed seventy days, if:

(I) The prosecuting attorney requests an extension, regardless of whether the defendant consents to the extension;

(II) The court finds good cause; and

(III) The defendant is not charged with a crime of violence, as defined in section 18-1.3-406 (2), or a felony that constitutes unlawful sexual behavior, as defined in section 16-22-102.

(d) For the purpose of this subsection (8), good cause does not include refusal or failure to timely file a petition for a civil proceeding pursuant to subsection (4) of this section.

(e) An extension granted pursuant to subsection (8)(b) or (8)(c) of this section is in addition to the initial stay authorized pursuant to subsection (6)(a) of this section.

(f) After a stay of dismissal ends pursuant to this subsection (8), the court shall dismiss the defendant's criminal case unless the stay remains in effect pursuant to section 16-8.5-118. After the defendant's case is dismissed, the court shall notify CDHS of the dismissal, in writing, and the reason for the dismissal.

(9) Prior to ordering the county attorney to initiate a civil proceeding pursuant to subsection (4) or (6) of this section, the court shall consider any objections from the defendant.

(10) If the court orders the county attorney to initiate a civil proceeding pursuant to subsection (4) or (6) of this section, the court shall serve the county attorney with a written order that:

(a) States the factual and legal basis for the order;

(b) Sets a deadline for the county attorney to initiate a civil proceeding no later than twenty-one days after the court's order;

(c) Identifies the specific civil proceedings the court intends the county attorney to initiate; and

(d) Includes any orders the court issued pursuant to this section.

(11) The county attorney or the appointed emergency guardian may object to the order to initiate a civil proceeding within seven days after receiving the court order served pursuant to subsection (10) of this section and may request a hearing. If the county attorney or the appointed emergency guardian files an objection, the court shall set a hearing forthwith and rule on the county attorney's objection by either vacating, modifying, or affirming the court's order to initiate a civil proceeding.

(12) If the court orders the county attorney to initiate a civil proceeding against the defendant:

(a) The court may, upon the court's own motion, forgo an order for restoration services and dismiss the charges against the defendant without prejudice if the defendant's highest charged offense is a misdemeanor that is not subject to dismissal pursuant to section 16-8.5-109 (4).

(b) The district attorney and CDHS shall transmit all necessary information to the county attorney or the appointed emergency guardian, including the defendant's medical records, competency evaluations, materials used during the competency process, and restoration records.

(13) If the court orders dismissal of the case pursuant to section 16-8.5-109 (4), 16-8.5-113 (4)(b), or 16-8.5-116; the court does not order the county attorney to initiate a civil proceeding; and the case is not stayed pursuant to section 16-8.5-118, the court shall dismiss the case.